TERMS AND CONDITIONS These Terms and Conditions are binding on all business partners and resellers (Reseller) to ExcitedBusiness.com, a business of Bizaim Limited, services, including but not limited to websites/email/web design/web hosting/domain registration/domain hosting/e-commerce Services and constitute a contract between ExcitedBusiness.com and each Reseller. The following terms shall have the following meanings, unless the context otherwise requires: "ExcitedBusiness.com" or "We" refers to Bizaim Limited, its subsidiaries and affiliates. "Contents" refers to any software, content, data, information or other material that is accessible by or through using ExcitedBusiness.com Services including, but without limitation to, all electronic mail and other messages and all textual, audio, video, still image, graphical and other content; "Content Provider" means any third party providing Content and/or who operating services accessible by or through using ExcitedBusiness.com Services; "Login ID" means any personal identifier(s) issued by ExcitedBusiness.com to the Reseller to gain access to all or any of the ExcitedBusiness.com's Services; "Charges" means any applicable charges from time to time including, without limitation, management fee, monthly fee, storage charges and other connect time charges, access charges, handling charges, and other fees and charges as may be charged from time to time, for or relating to the Reseller's use (and/or any other person's use of the Services by using the Reseller's Login ID and/or password) of the Services; "Password" means any password issued by ExcitedBusiness.com to the Reseller, which enables access to all or any of the Services; "Services" means those business partner program, ecommerce, e-mail, web design, web hosting, domain registration and domain hosting services provided by ExcitedBusiness.com You must accept the terms of this Agreement in order to use the Services. 1.0 Use of Services 1.1 Unlimited Data Transfer offer is not provided to the below situations: a) No Adult Content allowed. Please note that as stated in term (3), hosting picture/video posting forum with sexual content is prohibited; b) Copyrighted Materials ExcitedBusiness.com does not permit Reseller to host third party copyrighted materials without appropriate permission and/or illegal materials, including but not limited to text, audio and video clips. ExcitedBusiness.com reserves the right to terminate the Reseller's account that the Reseller is conducting the stated activities with our Service; c) Medium/Large Scale Streaming ExcitedBusiness.com does not permit Reseller to stream audio/video files which attracts so many concurrent users on shared hosting platform. In addition each media clip is restricted to a maximum of 2 megabytes on shared hosting platform. Streaming media would degrade the overall server and network performance and will directly affect other clients on the same server. One must consider to use our dedicated hosting service for medium or large scale of streaming; d) ExcitedBusiness.com does not provide Unlimited Data Transfer to our dedicated server hosting and server co-location clients. 1.2 The Reseller is not permitted to distribute material promoting hatred against individuals or groups or any Content which is deemed illegal under the laws of any Country or any copyrights laws. ExcitedBusiness.com reserves the right to decline requests for web space rentals and to cancel any account at our discretion. 2.0 Copyright Violations 2.1 Our website designs, promotion materials and programming are copyrighted to ExcitedBusiness.com and its licensors. Any redistribution or republication of any of our designs and programming scripts are strictly prohibited. The Reseller agrees that no one except ExcitedBusiness.com could modify, alter or remove any designs and programming scripts that are created by ExcitedBusiness.com. The Reseller should not publish, post or transfer any of our designs or programming scripts to other companies. ExcitedBusiness.com reserves the right to modify, alter or remove any of our designs and programming scripts anytime at ExcitedBusiness.com's discretion. 3.0 Spamming & Network Abuse 3.1 The Reseller will not hack, break into, access or use or attempt to hack, break into, access or use any part of the Services, its content and/or any data areas on ExcitedBusiness.com's server(s) for which the Reseller has not been authorized by ExcitedBusiness.com. 3.2 The Reseller is not permitted to distribute material promoting any form of network and server abuse, such as bulk spam mailers, sniffers, or hacking tools. In addition, hosting picture/video posting forum with sexual content is prohibited.The Reseller is also not permitted to host any script/file/media clip or to perform email broadcasting which is consuming huge CPU, memory and/or bandwidth resources. ExcitedBusiness.com reserves the right to disable any Reseller's script/file/media clip/email account/website without prior notice should we find that the Reseller is causing ExcitedBusiness.com serious technical and/or bandwidth difficulties. 3.3 The Reseller should not use the Services to circulate, publish, transmit, distribute, or any unsolicited promotional information or any content that is seditious, obscene, defamatory, indecent, threatening, offensive, liable to incite racial hatred, discriminatory, menacing or in breach of confidence. ExcitedBusiness.com exercises no control whatsoever over the Content passing through the Services. 4.0 Viruses and Other Destructive Activities 4.1 Use of ExcitedBusiness.com's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ExcitedBusiness.com's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet. 5.0 Enforcement 5.1 ExcitedBusiness.com reserves the right at all times to deactivate all or any of the Services thereof with a at least 24 hours advance notice to carry out system maintenance, upgrading, testing and/or repairs. No credit or refund is available in respect of any time when all or any of the services is down or suspended. 5.2 ExcitedBusiness.com reserves the rights to expand or reduce the Services, amend the Charges or introduce new charges payable by the Reseller, amend any of the terms and conditions of this Agreement, alter, modify and/or delete any of the Services without prior notice to Reseller. 5.3 ExcitedBusiness.com may suspend or terminate this Agreement and/or the provision of the Services without notice and without limiting any other remedies available to ExcitedBusiness.com if any of the following events should occur: The Reseller's balance remains unpaid 5 days after the invoice date The Reseller becomes the subject of bankruptcy, winding up or receivership proceedings; or The Reseller permits outstanding charges to exceed the credit limit established from time to time by ExcitedBusiness.com; or The Reseller is in breach of any terms of this Agreement. 5.4 ExcitedBusiness.com may terminate this Agreement and the Reseller's access to the Services at any time if the Reseller breaches any terms of this Agreement or if the Reseller's use of or actions in connection with the use of the Services is/are inappropriate, in ExcitedBusiness.com's sole opinion, with the continued use of and/or subscription to ExcitedBusiness.com. The Reseller may request ExcitedBusiness.com to cancel the Services provide at any time by giving 30 days written notice, provided that all accrued charges as of the actual cancellation shall be due and payable. Upon the termination of the provision of the Services by ExcitedBusiness.com, ExcitedBusiness.com will cease to provide to the Reseller access to the Services and all licenses and other rights and privileges granted to the Reseller. All payments (including any setup fees and/or administration fees) previously made by the Reseller will not be refunded. 6.0 Warranty; Warranty Disclaimer 6.1 ExcitedBusiness.com makes no warranties of any kind, whether expressed or implied, for the Services it is providing and disclaims any responsibility for the accuracy or quality of information obtained through its Services. ExcitedBusiness.com will not be responsible for any damage Reseller suffers from use of the Services. This includes loss of data resulting from delays, non-deliveries or service interruptions caused by its own negligence or Reseller errors or omissions, or due to inadvertent release or disclosure of information sent by Reseller. The Reseller should always maintain a good backup copy of their website files, databases and emails at all times. 7.0 Limitation & Exclusion of Liability 7.1 ExcitedBusiness.com guarantees 99% network and server uptime. Network uptime guarantee does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via email, and will not exceed 60 minutes per month. Server uptime guarantee does not pertain to scheduled or emergency server maintenance, unexpected operating system and hardware failures. In order to accomplish 99% network and server uptime, ExcitedBusiness.com has carried out the following: a) All network connections make use Standard Router Protocol b) Multiple upstream providers c) Fully redundant OCn internal backbone network d) All network devices and server parts have onsite spares e) All key network components, mail and web servers are monitored 24/7 f) UPS and diesel generator power are in place to prevent power failures 7.2 ExcitedBusiness.com expressly disclaims any liability for (i) any damage to or loss of data arising from the Reseller's use of the Services; (ii) any claim based in contract, tort, or otherwise for any direct or indirect loss of revenue, profits or any consequential loss whether of an economic nature or any such loss which the Reseller suffers as a result of any error, inaccuracy or computer virus in or introduced into the Reseller computer system by, through or in connection with the Reseller uses of the Services or the Software; (iii) any claim relating to the Services and/or any Content supplied, provided, sold or made available by or through the Services (or any failure or delay to so supply, provide, sell or make available); (iv) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond ExcitedBusiness.com's control ("Force Majeure Event"). A Force Majeure Event includes but is not limited to acts of God, war, civil disobedience, explosion, fire, flood, governmental action, legislation not in force at the time of this Agreement, restraints imposed by government or any other regulatory authorities, labour disputes, trade disputes or delays of third parties (other than subcontractors) over which ExcitedBusiness.com has no control. 8.0 Indemnification 8.1 The Reseller hereby agrees to indemnify and to keep ExcitedBusiness.com fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense suffered or incurred by ExcitedBusiness.com arising from or which is directly or indirectly related to: the Reseller's use and any other persons use of the Services where such person was able to access ExcitedBusiness.com by using the Reseller Login ID and/or Password, including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights; and/or any breach or non-observance of any provision hereunder by the Reseller or any other person where such person was able to access the Services by using the Reseller Login ID and/or Password. 9.0 Payment for Services 9.1 "14-day Money Back Guarantee" is offered to selected ExcitedBusiness.com hosting plans. Within the 14 days of the initial hosting service, Reseller under "14-day Money Back Guarantee" can send a written request (either by fax or email) to request a refund of the hosting fee should the Reseller wants to cancel the service. ExcitedBusiness.com will refund the hosting fee previously paid by the Reseller. No full or partial amount will be issued back to Reseller should hosting account has been activated for or over 14 days period. 9.2 Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 14 days after the invoice date at the rate of 2.0% per month, or such other rate as we may determine from time to time. Payment shall be made by Paypal (Visa, MasterCard). 9.3 In the event that the Reseller wants to restore a suspended account due to expiration, late payment, NSF, chargeback, or poor credit history, there will be a minimum $15.00-50.00 service restoration charge on top of any chargeback fees, owing balances and interests. 9.4 Billing Terms and Conditions are list at our Billing Policy in which it will still hold as legal bound for ExcitedBusiness.com clients. BILLING POLICY 10.0 Miscellaneous 10.1 All applications for ExcitedBusiness.com Services shall be subject to review and acceptance by ExcitedBusiness.com. 10.2 Confidentiality The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years. 10.3 This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior arrangements or understandings, whether oral or written, between the parties relating to the subject matter hereof. 10.4 These terms and conditions may be amended by ExcitedBusiness.com at any time and if any term or condition hereunder becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be separable and shall not form part of these terms.